Monday, March 29, 2010

The debate over Article 153 of the Federal Constitution pertaining to the definition of 'bumiputera' may shift overseas from Malaysia's Dewan Rakyat to the British Parliament, if efforts by Hindraf…

More ►More ▼The debate over Article 153 of the Federal Constitution pertaining to the definition of 'bumiputera' may shift overseas from Malaysia's Dewan Rakyat to the British Parliament, if efforts by Hindraf chief P Waythamoorthy come to fruition.

According to Waythamoorthy (right), a gathering of the Queen's Counsels (QC) will debate Article 153 in light of declassified documents on the talks held between Tunku Abdul Rahman and officials of the British government pertaining to Merdeka.

While other details of the conference have not been finalised - it has yet to be determined whether the event will be in the House of Commons or the House of Lords - discussions are ongoing with QCs from Doughty Street Chamber, said Waythamoorthy.

The agenda for the conference, he added, will include debates on

- the issue of special Malay privileges and whether or not it is a “myth” created by Umno

- the aspirations of non-Malay communities who are not included in Article 153's classification of 'bumiputera' (Malays and the natives of Sabah and Sarawak

- the powers of the King in relation to Article 153

- whether Article 153 should be scrapped

“We will invite Perkasa chief Ibrahim Ali and his mentor Dr Mahathir Mohamad to participate in the conference,” Waythamoorthy when contacted by Malaysiakini.

“We would definitely want the Attorney-General of Malaysia (Abdul Gani Patail) to be there as well to state the Malaysian government's position before the international community,” he added.

The issue of Article 153 was raised recently when Minister in the Prime Minister's Department Mohd Nazri Abdul Aziz told Parliament that 'bumiputera' in the constitution referred to the Malays, the natives of East Malaysia and the Orang Asli of Peninsula Malaysia.

Some have opined that as Article 153 refer only to two categories of communities, the Malays and the Orang Asal of Sabah and Sarawak, the Orang Asli are not included in the definition and, therefore, not considered to be in the category of those accorded 'special privileges'.

Given Waythamoorthy's call for Article 153 as a whole to be scrapped, however, Nazri said this reason alone compromises the former's right to return to Malaysia.

Waythamoorthy, in self-imposed exile in London, has been granted asylum by the British government.

Waythamoorthy said he does not rule out the participation in the conference of groups such as the Common Interest Group Malaysia headed by Jeffrey Gapari Kitingan as well as some Orang Asli associations.

Asked what he hoped to accomplish with holding a conference so far away from Malaysian shores, Waythamoorthy said such a discussion would never be allowed back home.

There is also the complication of his passport being revoked, he added, preventing him from traveling to Malaysia.

“What we are going to prove through the conference is that Umno has been misleading everybody on Article 153 and taking them for a ride,” said Waythamoorthy.

“We will easily establish this during the conference. We are backed by the Federal Constitution, including Article 153 and the declassified papers on the Merdeka talks,” he added.'Show me the money'

In place of the current Article 153 should be a new provision addressing the 'underclass' of all Malaysians, said Waythamoorthy.

Until that is done, he asserted, the current law “denies us our rightful place in the sun.”

It also means non-Malay Muslims can seek its 'privileges' through the “backdoor” and claim to be Malays and natives”.

“There is no basis in law for a non-native to claim that he's now a native by the backdoor method of professing Islam and claiming to be a constitutional Malay,” stressed Waythamoorthy.

On the other hand, there remain 'genuine' Malays throughout the country and natives in Sabah and Sarawak who are claiming to have been overlooked and ignored by the government and the New Economic Policy (NEP), he said further.

“It's time that the Malays and Sabahan and Sarawakian natives stand up and ask their leaders what has happened to the money (allocated by the NEP). Why isn't it in their pockets?” he asked.

What is the stand of PKR & PAS on this, please ask the leaders not the mandores? it would be interesting how they see this if HINDRAF embarks in its journey to clarify the true meaning and intention of the Article 153 as oppose to what UMNO keeps parroting to fill its own coffer rather than public interest. My guess, they will keep quiet, as usual worried about the vote bank not the public.

Dear Mr Waytha sir, Brilliant job. You are doing what no one else would dare to even think of. Way to go sir. Your move will put many things in their right perspective. It may be a long journey but a fantastic move. You have added spice to your move by inviting Ibrahim, Mahathir and the AG to face the international community. I wonder, how they are going to face the situation if they come at all but like I said earlier, it will open up a whole new horizon. KUDOS to you sir, we are all with you.... observer.....?????

Root cause of all the ills is definitely UMNOputra dictated by one man. The component parties are non existent periphery idiots who did not even raise a voice not to mention bark. May their souls be sick to the core. May the sick and suppressed rise from the ashes.

Waytha Thambi, pls play fair, you know Ibrahim does not have the english to debate at an international forum so why call him just to belittle him. Actually article 153 can be very good if it is not abused. Actually Malaysia is very well endowed by God.Rubber, tin, oil palm, petroleum semua ada. No natural disaster. Yet why NEP has failed to eradicate hard core poverty among malays, the answer lies in mahathir's 22 yrs of missrule.NEP was abused to enrich cronies and in some instances there was overzealous implementation like the johore civil service which is nearly 100% malay. In brunei they don't have income tax nor hard core poverty, we should be richer than brunei. Ask Che det lah who lost money at maminco and when mohamad nor was bank negara chairman how much money we lost at forex, not to mention money lost through AP. M'Sia started losing money to a bottomless pit through crony contracts and OSA. This is the real enemy of the people.

UMNO has hijacked, and pirated almost everything that can be hijacked and pirated. The judiciary, Petronas money(our money), the NEP(Tun Razak meant it to be an upliftment of all the disadvantaged and poor, irrespective of race), and not only of article 153. When independence was proclaimed, if I know my history well, all communities will guaranteed their rights, and that their culture, language, and way of life is guaranteed. But UMNO has hijacked all this, and has chosen to interpret what was not in the spirit of independence. They keep on harping on "special rights"(only God knows what this means), the "social contract"(if it ever existed in the first place. Can anyone prove that there was a social contract?). It is hard to believe that the constitutiion, drawn up by the British, and other Commonwealth countries, will draw up a racist, discriminatory, and apartheid constitution. Please UMNO, MCA, MIC and the Bar council, elaborate further on this.

The way I understand it, there can never be reconciliation between Pakatan and Hindraf unless they agree to scrapping Article 153. So it's gonna take a while. Meaning, it is up to Pakatan to articulate their position unambiguously! Meanwhile, let us not waste time with Hulu Selangor - rapproachment is not going to take place. IOW, the seat is BN's.

Dey thambi, nice job. When you use your brain or brains,you are up to the mark and definitely I am with you. But when you use your ass or testicles as your alternative brains, then Im afraid your are alone. Anyhow well done for the initiatives. Hope to see you more often at the national archives.

Mr. Waytha, UMNO is the one use BUMIPUTRA to get money without do any hard work just get 30% free share from all the company as a director , not only 1 company as so many company , all is their relations not poor malays , example mamak mahathir why he need to be a adviser to Petronas until now even though he already millionair not giving to other people bcz money , if he give up his post also sure to his relation only. Not to poor malays. Like AP who having all AP for cars MAHATHIR son , MALAYS please open your eyes , why still weed BUMIPUTRA status . I working as security guard only , I never get any project or money , I still servive with my security guard sallary but UMNO malays i see very rich without no work. How ???? use BUMIPUTRA status get projek , get Director in company no need work goyang kaki sign dapat bulan bulan GAJI Director . Melayu biasa masih macam itu juga , Kelantan majoriti MALAYS tapi tak nak bagi royalti sebab bukan orang UMNO so apa guna "BUMIPUTRA" status

Keep going Sir.I wish I had 1/100 the guts you have.I am an Indian but I wish that HINDRAF will fight for ALL malaysians.Otherwise,HINDRAF is no different from the racist devils we already have.The truth is,poverty exists in ALL communities & therefore the struggle should reflect that.Pakatan has been in power in 4 states for only 2 years & we cannot demand changes ovenight.Remember,the $$$ for all projects comes from the federal government & we all know what they are capable of..just ask the kelantan people.It sickens me that the UMNO/BN people are allowed to rob the country blind..hence their super rich kids,including the blood sucking royalty.The only way,Waytha,is to form a strong bond with Pakatan,understand their limitations & work as team to unseat the thieving,murdering scum we have now for a government

Way to go Waytha!. It's time someone bring home the truth that UMNO pirates have been using article 153 to loot the country all for themselves. Pribumi means = Orang Asli, Kadazan, Iban and other natives. The rest of Malaysians are immigrants from Indon, China and India. Article 153 has used as back door entrance for mamaks and the likes to become 'native' and access to the juice!

1. "“It's time that the Malays and Sabahan and Sarawakian natives to stand up and ask their leaders what has happened to the money. Why isn't it in their pockets?” he asked." BINGO! Let's invite all to this debate to understand how those "good Muslims" in UMNO have fooled the entire Rakyat since 1969 through an impotent muzzled Press and a cowed emasculated Judiciary. So hat's off to Mr Waythamoorthy, for this and that smart plan to sue the British Government for failing in their duty to ensure that all in their former colony were protected as equal citizens under the Constitution they wrote for a democratic Malaysia. 2.""Given Waythamoorthy's call for Article 153 as a whole to be scrapped..Nazri said this reason alone compromises the former's right to return to Malaysia." Mr Nazri, you know Mr Waythamoorthy is a bona fide jus soli citizen with protected rights under the Malaysian Constitution to his citizenship and to his speech so you're out of order making that cheap threat mate.

Moorthy is a brilliant guy. He will actually be an asset to PR . Some how someone should help hindraf and PR reconcile their differences. The torn in the whole misunderstanding started with Kampong Buah Pala. LGE why don't you release all the documents pertaining to it, so that everyone understands the problems better.

Yet-to-be-registered Human Rights Party have not decided on whether to join the fray in the Hulu Selangor by-election.

Pro-tem secretary-general P Uthayakumar (below) said the party's central committee was supposed to make a decision today, but the meeting has been postponed to a later date.

"We have deferred the meeting to a later date to do further research and get more information on Hulu Selangor," he said when contacted this afternoon.

Uthayakumar also said that the decision would be made public within a week.

The interest in HRP's foray into the by-election has been further fuelled by Kota Alam Shah state assemblyperson M Manoharan, who yesterday urged PKR to field Uthayakumar as Pakatan Rakyat's candidate.

PKR's Indian leaders, however, have given mixed reactions to the prospects of Uthayakumar riding on PKR's back in the by-election.

MIC has since confirmed that their number 2 man, G Palanivel, would be BN's candidate for the contest.

Hulu Selangor parliament seat fell vacant following the death of its representative, Dr Zainal Abidin Ahmad three days ago.Ganabatirau and Vasanthakumar

The constituency in the northern region of Selangor has 63,593 voters, of which 19 percent are Indians. Malays make up the majority with 53.9 percent, and Chinese, 26.7 percent.

Meanwhile, today's edition of Tamil daily Malaysia Nanban said that the appearance of former Internal Security Act detainees V Ganabatirau and K Vasanthakumar - both former comrades of Uthayakumar - in the Kuala Kubu Bharu campaign rally with PKR supremo Anwar Ibrahim has increased speculation that one of them may be fielded as the PKR candidate.

Ganabatirau is a DAP member whereas Vasanthakumar submitted his membership form to join PKR during the Bukit Selambau by-election.

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Hindraf Rally 25th November 2007

The rally's estimated to be 100 000 people gathered outside the Petronas Twin Towers at midnight, early Sunday morning.At least 240 people were detained, but half of them were later released. One day before the rally, police arrested three HINDRAF lawyers, P. Uthayakumar, P. Waytha Moorthy and V. Ganabatirau for sedition charges. Uthayakumar and Ganabatirau posted bail of 800 Malaysian ringgits each, but Waytha Moorthy refused bail as a sign of protest.